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Amarjit Singh vs Punjab & Sind Bank on 21 November, 2013 cites

Uco Bank & Anr vs Rajinder Lal Capoor on 31 March, 2008

Petitioner pleads and contends that since the charge-sheet dated 15.7.2009 was being issued much after the petitioner took voluntary retirement on 24.7.2008, no departmental proceedings can be initiated after his voluntary retirement in terms of the impugned charge-sheet. It is also contended and pleaded that merely because a show cause notice was issued on 14.7.2008 cannot mean that departmental proceedings have been initiated prior to the WPC 10968/2009 Page 1 of 20 retirement because departmental proceedings commenced only on issuing of the charge-sheet dated 15.7.2009 and not on issuing of the show cause notice dated 14.7.2008 as per the judgment of the Supreme Court in the case of UCO Bank & Anr. Vs. Rajinder Lal Capoor (2008) 5 SCC 257.
Supreme Court of India Cites 17 - Cited by 143 - S B Sinha - Full Document

State Of Jharkhand & Ors vs Jitendra Kumar Srivastava & Anr on 14 August, 2013

9. As an argument I note that though this is not the case of the respondent no.1 in the counter-affidavit that any judicial proceedings have been initiated, but even assuming that judicial proceedings have been initiated in terms of Regulation 48(1), the entitlement to withhold pension would only take place if there is passed a final order in a judicial proceeding holding that pecuniary loss has been caused to the bank. As of today, there is no order of any court i.e no order in any judicial proceedings that pecuniary loss has been caused to the respondent no.1-bank on account of any misconduct and negligence etc etc of the petitioner, and therefore, the respondent no.1-bank would be entitled to withhold or withdraw whole or WPC 10968/2009 Page 16 of 20 part of the pension. I may note that Supreme Court recently in the judgment in the case of State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr. in Civil Appeal No. 6770/2013 decided on 14.8.2013 while interpreting a similar provision i.e Regulation 48(1) in question, has held that entitlement to withhold pension would be only after the final order is passed in judicial proceedings and not before.
Supreme Court of India Cites 17 - Cited by 722 - A K Sikri - Full Document

D.B. Madaan vs Punjab National Bank And Ors. on 29 October, 2013

4. I have recently had an occasion to consider the issue, which arises in the present case, as to whether departmental proceedings commence only on issuing of the charge-sheet or even can be said to have commenced on issuance of a show cause notice in the case of D.B.Madan Vs. Punjab National Bank & Ors. in W.P.(C) 7481/2008 dated 29.10.2013. Paras 4 to 8 of the said judgment are relevant and they read as under:-
Delhi High Court Cites 1 - Cited by 1 - V J Mehta - Full Document
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